GANGADHAR MAHADU GAJAKAS Vs. SHANTILAL UBHAYCHAND GANDHI

JUDGEMENT

(1.) BY this writ petition, under Article 227 of Constitution of India, the petitioner has challenged by order passed by the Civil Judge, J. D. , Malsiras dated 27-7-1989 below Ex. 7 in Darkhast No. 88 of 1986.

(2.) BY the said application, the petitioner, who is the plaintiff, prayed for undertaking measurement of the properties in question by NIMTANA. This prayer has been rejected by the impugned order. The Court below mainly observed that no provision of taking NIMTANA on Court Commissioners report has been brought to the notice of the Court. Besides that the Court has observed that if the petitioner was not satisfied with the measurement undertaken by the Court Commissioner it was open for him to file a separate suit.

(3.) BRIEFLY stated, the petitioner had filed a suit for injunction against the respondents in respect of properties described as Gat No. 760 admeasuring 52 Acres situated at village Natepute, Taluka Malsiras. The said suit was compromised between the parties by virtue of the consent terms dated 10-10-1984. Under the consent terms the parties agreed that measurement in respect of Gat No. 760 owned and possessed by the petitioner as well as Gat No. 759 owned and possessed by the respondents should be undertaken and parties would errect compound wall as per the said measurement. It appears that pursuant to the said consent decree the DILR was appointed as a Court Commissioner to undertake the measurement and as per Courts order the DILR undertook the measurement and submitted the report. However, the petitioner was dissatisfied with the said report in respect of certain matters and consequently present application in Darkhast No. 88 of 1986 came to be filed, which has been rejected by the impugned order.